Todd, who said he had known the Malones socially and through business for nearly 40 years, said Malone told him she "couldn't take it anymore." He also said "there were a lot of people there when she made that first statement."

Sullivan, who also said he had known the Malones socially, said Joyce Malone was read her rights, including the right to remain silent and the right to talk to a lawyer and have a lawyer present during questioning.

Eby has told Hafner that he is having Malone examined by a psychologist and would provide a report of the exam to the court. Assistant District Attorney Gregory Oakes said Eby has notified the district attorney's office that he plans to use "extreme emotional disturbance" as a defense in Malone's case.